The fiasco of the prosecution of the Detroit Four should also have been instructive. These four Arab men apparently had the misfortune to be in the wrong place at the wrong time, having moved into an apartment in southwest Detroit recently vacated by a man suspected of al-Qaida ties. The prosecution alleged that innocent vacation videotapes of places such as Disneyland found in the apartment were part of a terror plot, and that vague doodles in a notebook depicted targets abroad such as a Jordanian hospital and Incirlik Air Force Base in Turkey. The prosecution relied heavily on an Arab-American informer who might reduce his own prison sentence for various acts of criminal fraud if a conviction were obtained, and whose testimony against the four suspects evolved dramatically over time. The initial conviction of two of the men, Karim Koubriti and Abdel-Ilah Elmardoudi on charges of giving material support to terrorism, which was hailed as an achievement by the Bush administration, was overturned when the prosecution was discovered to have withheld key exculpatory evidence.
In a startling reversal, two members of the prosecuting team were tried for criminal misconduct, and although they were acquitted, their misconduct was not in question. A Detroit judge even apologized to a third man, who was held for three and a half years on a minor fraud charge and then deported. The entire affair raised questions about whether Muslim-Americans could hope for justice if for any reason they got accidentally caught up in the Justice Department's frantic search for Muslim terror cells on American soil (very few have been found). The flimsy case against the four men would have had no plausibility at all had they been white upper-middle-class residents of Connecticut.
Not only has the Justice Department engaged in prosecutorial misconduct with regard to Muslims, but at least one FBI operation also appears to have involved actual entrapment. Narseal Batiste, Patrick Abraham, Burson Augustine, Rothschild Augustine, Stanley Grant Phanor, Naudimar Herrera and Lyglenson Lemorin were arrested in June 2006, and accused of being an al-Qaida cell plotting to blow up the Sears Tower in Chicago. Batiste, aka Brother Naz or Prince Manna, led a small cult in a poor neighborhood of Miami called Seas of David, which was apparently an offshoot of the Moorish Temple Science, an African-American folk religion. The cult mixed themes from Judaism, Christianity and Islam but was not identifiably Muslim. The group met in a warehouse and talked big.
The FBI put an informant among them who repeatedly offered them money and equipment for their activities, some of which he appears to have suggested. Batiste maintained in the trial that he was just stringing along the informant in hopes of extracting a promised $50,000, and that he was insincere in pledging allegiance to al-Qaida. When the Justice Department announced the arrest in 2006, the indictment went on about the belief of the group in jihad, or Muslim holy war, but it is a little unlikely that these individuals knew anything about Islam at all. Both attempts to prosecute them ended in mistrials, primarily because the FBI could produce no evidence that when they were arrested they had any weapons or explosives in their possession. They were full of crazy talk, but even some of that was suggested to them by the Department of Justice.
Muslim Americans and Arab-Americans, along with members of some other ethnic groups, are therefore understandably alarmed that the Department of Justice may soon have the tools to bring them under investigation without any proof of wrongdoing. As CAIR national legislative director Corey Saylor noted in a statement, "Any new Justice Department guidelines must preserve the presumption of innocence that is the basis of our entire legal system ... Initiating criminal investigations based on racial or religious profiling is both unconstitutional and un-American." Muslim Americans and Arab-Americans have already suffered from being profiled in a de facto sense. Unsurprisingly, to have that injustice become policy concerns them. The protests would be even louder if so many in the community were not afraid to speak up and draw attention to themselves, as one of my Muslim American Facebook correspondents pointed out to me. Another remarked sadly that not only had George W. Bush not brought democracy to the Muslim Middle East, but he had also damaged its prospects in America itself.
About the writer
Salon contributor Juan Cole is a professor of modern Middle Eastern and South Asian history at the University of Michigan and the author of "Napoleon's Egypt: Invading the Middle East."
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